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Victim of accident unhelped by GDPR law and apathetic police
Looking for some guidance or suggestions if possible please.
Just before Christmas an artic lorry (registered to Breen International Logistics) reversed into my van. My van was legally (and safely) parked (or so I thought) in a designated bay in a public car park. The artic was attempting to turn in an area too small for his turning circle which necessitated him mounting the kerb, before making the turn. In doing so, he created a scenario whereby his tailgate punctured and then tore a 1-2 inch gash along the side of my van. Damaging both drivers side panels of the rear compartment, ripping off the upright lighting panel and moving the van about a foot.
He failed to stop!
Fortunately there were 3 witnesses who took photos, got his number plate and reported it to the police. I was in work at the time and heard the van alarm going, thus I arrived a couple of minutes after the driver drove off. I also spoke to the police, then called my insurance company. They advised me not to call Breen directly and to leave it to the police and the legal team that they would appoint. The police took statements from the witnesses, from me and had copies of the photos and advised that they could prosecute the driver for leaving the scene of an accident. 2 weeks later I received a letter to advise that there was insufficient evidence to prosecute and they would be taking it no further. The same letter states that it will not affect my insurance claim. The damage was so great that it was a write off. We were paid the bulk of the payout, however our excess has been withheld and at present the claim is on file affecting my new policy.
We are now more than 3 months post the date of the accident. The legal team appointed to my "case" have advised that as the number plate was international and we only had the plate from the trailer (apparently in other countries trailers have different plates to the cabs!) they are unable to trace it. This despite the witness statements and the photo showing Breen's logo and details! They have advised that even if they attempt to pursue it the company will just state that they can't trace the driver.
Now I have a number of theories. The accident happened near to a ferry terminal. The ferry was scheduled to depart at 15.30. The accident happened at approx 14.55...... Breen International Logisitics website states that there are penalties for delayed shipments...... I suspect that the driver knew he would miss the ferry if he stopped and so he left!
I have contacted the Port, a local business with CCTV and Irish Ferries freight team in a bid to find the number plate of the cab.....
Unfortunately, given the legal teams delay in advising me how difficult it can be to trace an international driver, the CCTV from both the port and the local business has been overwritten and Irish Ferries have advised that due to GDPR they are unable to share the number plate of the vehicle!
For an accident that was absolutely not my fault (I was sitting at a desk working when it happened!) I am having to bear quite a considerable financial burden while a substantial international company gets away with "not knowing who was driving that day" - ludicrous doesn't even begin to describe it!
Mostly wanted to rant, but also wondered if anyone has any similar experiences with a successful outcome?! Any suggestions gratefully received!
Just before Christmas an artic lorry (registered to Breen International Logistics) reversed into my van. My van was legally (and safely) parked (or so I thought) in a designated bay in a public car park. The artic was attempting to turn in an area too small for his turning circle which necessitated him mounting the kerb, before making the turn. In doing so, he created a scenario whereby his tailgate punctured and then tore a 1-2 inch gash along the side of my van. Damaging both drivers side panels of the rear compartment, ripping off the upright lighting panel and moving the van about a foot.
He failed to stop!
Fortunately there were 3 witnesses who took photos, got his number plate and reported it to the police. I was in work at the time and heard the van alarm going, thus I arrived a couple of minutes after the driver drove off. I also spoke to the police, then called my insurance company. They advised me not to call Breen directly and to leave it to the police and the legal team that they would appoint. The police took statements from the witnesses, from me and had copies of the photos and advised that they could prosecute the driver for leaving the scene of an accident. 2 weeks later I received a letter to advise that there was insufficient evidence to prosecute and they would be taking it no further. The same letter states that it will not affect my insurance claim. The damage was so great that it was a write off. We were paid the bulk of the payout, however our excess has been withheld and at present the claim is on file affecting my new policy.
We are now more than 3 months post the date of the accident. The legal team appointed to my "case" have advised that as the number plate was international and we only had the plate from the trailer (apparently in other countries trailers have different plates to the cabs!) they are unable to trace it. This despite the witness statements and the photo showing Breen's logo and details! They have advised that even if they attempt to pursue it the company will just state that they can't trace the driver.
Now I have a number of theories. The accident happened near to a ferry terminal. The ferry was scheduled to depart at 15.30. The accident happened at approx 14.55...... Breen International Logisitics website states that there are penalties for delayed shipments...... I suspect that the driver knew he would miss the ferry if he stopped and so he left!
I have contacted the Port, a local business with CCTV and Irish Ferries freight team in a bid to find the number plate of the cab.....
Unfortunately, given the legal teams delay in advising me how difficult it can be to trace an international driver, the CCTV from both the port and the local business has been overwritten and Irish Ferries have advised that due to GDPR they are unable to share the number plate of the vehicle!
For an accident that was absolutely not my fault (I was sitting at a desk working when it happened!) I am having to bear quite a considerable financial burden while a substantial international company gets away with "not knowing who was driving that day" - ludicrous doesn't even begin to describe it!
Mostly wanted to rant, but also wondered if anyone has any similar experiences with a successful outcome?! Any suggestions gratefully received!
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Comments
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Does it matter that you don't know the driver? Isn't it the company that are responsible for your financial loss and there is eye witness evidence that it was a company vehicle which caused the damage. Maybe try a small claims action to recover your excess.0
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But it was the driver who caused the damage. In what way were the company negligent?Nobbie1967 wrote: »Does it matter that you don't know the driver? Isn't it the company that are responsible for your financial loss and there is eye witness evidence that it was a company vehicle which caused the damage. Maybe try a small claims action to recover your excess.0 -
Can I suggest that you request assistance from the Gardai in Ireland and pass them the details asking them to contact Irish Ferries and pass this via a Solicitor. Oh and contact Breen anyway they will have details of who picked up the trailer and can link this. If they do not wish to do this they Do have a responsibility for their employee's nd have liability Insurance you can claim against.0
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I'm not sure whether Irish trailers have a different plate, either way the company should have records or else how would they respond to a 172 notice?
Twelve weeks on, unless they saved the data the cctv is probably long gone.0 -
They’re an Irish company - can they be forced to respond to s172?AndyMc..... wrote: »I'm not sure whether Irish trailers have a different plate, either way the company should have records or else how would they respond to a 172 notice?
Twelve weeks on, unless they saved the data the cctv is probably long gone.0 -
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AndyMc..... wrote: »Why not read the EU Cross Border Enforcement Directive and tell the OP whether or not Irish companies and drivers are exempt.
Why not just tell us the answer?;)0
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